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US Gov't Says They Can Still Freeze Megaupload Assets If the Case Is Dismissed
The Megaupload case continues, and on Friday attorneys for the U.S. government made some interesting claims. They were in court to argue against a request to dismiss the indictment against Megaupload that was raised on the grounds that Megaupload has no U.S. address. After a debate about jurisdiction and precedent, this happened:
"The government also argued that it could keep Megaupload in legal limbo indefinitely. 'None of the cases impose a time limit on service,' the government's attorney told the judge. Therefore, the government believes it can leave the indictment hanging over the company's head, and keep its assets frozen, indefinitely. Not only that, but the government believes it can continue to freeze Megaupload's assets and paralyze its operations even if the judge grants the motion to dismiss. That's because in the government's view, the assets are the proceeds of criminal activity and the prosecution against founder Kim Dotcom will still be pending. The fact that the assets are in the name of Megaupload rather than its founder is of no consequence, the government claimed."
Telling the court that you're going to circumvent the law in the case you lose probably isn't going to be so swell.
Who needs things like laws and due process when the government can just shut down your business without them?
Face it. This is no longer a country of laws. The powers that be do what they want, how they want, whenever they want. Get used to it.
What the US govt got from this?
The US government does not benefit anything from this, but on the other hand, those who are paying the politicians, ie, the king makers get to thumb their collective noses down to the rest of us
Muchas Gracias, Señor Edward Snowden !
Get used to it.
If you wanna bend over and get it, that's your choice
But do not bet on it that many will follow you
Muchas Gracias, Señor Edward Snowden !
Not only that, but the government believes it can continue to freeze Megaupload's assets and paralyze its operations even if the judge grants the motion to dismiss.
The message they are sending seems to be: If you do something that might piss off a powerful enough lobby in the United States, even if the legal system sides with you, get your money out of the country.
That doesn't seem like a very smart message to send.
Stop-Prism.org: Opt Out of Surveillance
http://www.washingtonpost.com/opinions/when-government-is-the-looter/2012/05/18/gIQAUIKVZU_story.html
It's much worse than what I've said. Some people commit a crime on your property and they seize your property.
Except for ending slavery, the Nazis, communism, & securing American independence, war has never solved anything.
Bart: The Constitution? I'm pretty sure the PATRIOT Act killed it to ensure our freedoms.
US Constitution, Amendment V:
No person shall be held to answer for a capital, or otherwise infamous crime, unless on a presentment or indictment of a Grand Jury, except in cases arising in the land or naval forces, or in the Militia, when in actual service in time of War or public danger; nor shall any person be subject for the same offense to be twice put in jeopardy of life or limb; nor shall be compelled in any criminal case to be a witness against himself, nor be deprived of life, liberty, or property, without due process of law; nor shall private property be taken for public use, without just compensation.
An executive branch agency just deciding to keep your property because they don't like the outcome of their attempt to indict you is not the "due process of law". In fact, it's quite the opposite: it's grand larceny.
While I hold no illusions about the US government's willingness to break the law and violate the constitution whenever they find it convenient to do so, the constitution remains the entirety of the legal basis for its existence. When the government violates the constitution, it does not act as the agent of the people, but as usurpers of the people's sovereign power.
-jcr
The only title of honor that a tyrant can grant is "Enemy of the State."
Biden brought the Hollywood money back in the day, and that got him the VP slot and his **AA bosses some seats in the Justice Department, including Mr. MacBride who's working Kim Dotcom today. Despite the whole "supporting your vice president" thing, that's a liability moving into new elections. I don't want to think the O-man needs to or wants to make these sacrifices as an incumbent. He's a constitutional scholar and I think, a geek like us. At least I hope so.
BTW: I really hate the politicization of /. during crazy season. And yet here I am contributing to it.
Help stamp out iliturcy.
ALL the branches of the US government have become corrupt outlaws who have no clue as to what the Bill of Rights means. It's behavior for the last 8 years is a dictionary example of "power corrupts", made worse by the insufferable arrogance they display.
Running with Linux for over 20 years!
I happen to own a surf-green strat, so I paid a lot of attention to your post and you are right. Don't bring out the guns. Yet. But something has to be done and the only force (and this is not the USA alone) are the people... It's revolution time as far as I'm concerned.
o/t - Nice. Actually, any strat I pick up becomes a "blue" strat ;) My strat is actually finished in a cherry/gold-burst. But it's a blue strat all the same. Same with the vacuum tube amp I built.
Back on-topic, you're point about it being all people, not just Americans, is spot-on. There is an international freedom movement growing. Did you know there are Italian "TEA Parties", as well as Serbian, Georgian, British, and about 15 other national TEA Party movements? There are reported to be 20 of them meeting this weekend in Dallas, TX.
People across the globe are hungry for freedom, and their governments have been starving them for too long. And once again, they look to Americans as examples of how to become free.
Failure is not an option. Fortunately, all we really have to do for victory is to remember, and never again forget, who we are as a people, why our Constitution was written the way it was, and what we stand for. Our failure to remember is what has brought us to this point. It is what must first change before anything else will.
An idea, a dream of freedom and liberty, is far more powerful than any weapons in any government armories or airbases ever could be.
Strat
Progressivism (aka US 'Liberalism'): Ideas so good they need a police/surveillance-state to enforce.
You mean Guilty even if proven innocent.
Like anarchy? Move to Somalia.
The western system will grind you to dust if it gets you into its gears but it is still a million times better even for the pile of dust then the pure anarchy of the libertarian.
MMO Quests are like orgasms:
You may solo them, I prefer them in a group.
Except that most of said assets are outside the US, and the target of the investigation is also outside the US. The US Government had no jurisdiction to seize the assets in the first place. They also have no jurisdiction to hold onto the assets if the case is dismissed. In fact, they have no jurisdiction to prosecute either.
For a site about things like basic rights, Slashdot users sure do like to censor "dissent".
I've spoken to a couple marine types after they've seen real action.. scary shit. They have little-to-no qualms attacking civilians if they are ordered to; for some the distinction between our civilians /or/ others' civilians doesn't even exist.
I grew up on military bases. I know a lot of military personnel, even up to a couple of full-bird colonels and two generals. We've actually had this discussion. I've yet to find any that would fire on US citizens, unless they were like radical Islamic types or similar.
If it came down to the government ordering the US military to "occupy" US cities and towns, round people up into camps, and basically carry out a "government takeover" and provide armed pacification and suppression against civilians, they would refuse, arrest the ones issuing the orders, and even launch an assault on government-loyalist positions if need be if things were that bad.
Google "Oath Keepers". There are many more that feel the same way but are reluctant to expose their beliefs, positions in the power structure, and/or telegraph any possible actions they might need to take in a desperate situation. Be assured a sizable chunk of the US NG and military will throw their lot (and their lives and military assets) in with the civilians in the event of such a takeover attempt.
What the real worry is for me are the treaties and agreements (both open and secret) with other countries that could provide for bringing in foreign troops for civilian pacification and rebellion suppression.
Still, the US government and any forces they employ will face the same threat that prevented both Germany and Japan from seriously considering invasion/occupation. A rifle behind every blade of grass, and knowing the kind of hardware hackers, etc, we have here in the US these days, new and ingenious IEDs lining every freeway, side-road, sidewalk, and footpath, and death waiting behind every window and door, plus our own home-brew drones. That's not even counting the military weapons and other assets that will surely be "liberated".
Unless they are willing to simply kill off ~70%-80% of the US population right from the start with WMDs, an occupation of the US would make Vietnam, Afghanistan, or any of the bloodiest campaigns of WW1 or WW2 look like a stroll in the park. Can you imagine? Former cops, gang-bangers, and mixed military all forming into ad-hoc combat units and working together against a common threat. Not the way I'd choose to unite the country, but revolution and upheaval does make for strange bedfellows when the feces strikes the rotary air circulation device.
I most fervently hope and pray that violence can be avoided. It would be such a waste of life and potential, and an unspeakable tragedy for so many. Sadly, sometimes those who lust for power and control make avoiding it impossible.
Strat
Progressivism (aka US 'Liberalism'): Ideas so good they need a police/surveillance-state to enforce.
It interests me that everyone here speaks of the US Military the same way they speak of corporations - as one giant hive mind with no dissent within the ranks. News flash: the military, like a corporation, is comprised of people who don't all think the same. In the event of the military being directed to take arms against civilians - of the same country no less - it is quite likely there will be increased instances of mutiny. The results would be ... cataclysmic.
Exactly. See my post above. A significant fraction of US NG/military will break ranks and join the civilians, bringing along their military weapons, training/experience, organizational structure, and other assets. A full-out conflict in such a scenario would be, as you say, cataclysmic. Likely cataclysmic for the entire world as well.
Strat
Progressivism (aka US 'Liberalism'): Ideas so good they need a police/surveillance-state to enforce.